Opinion
Gen. No. 44,057. (Abstract of Decision.)
Opinion filed December 30, 1947 Rehearing denied January 21, 1948 Released for publication January 28, 1948
INSTRUCTIONS, § 224 — where defense offers no evidence. In action for alleged injuries to plaintiff's person and automobile, as result of automobile collision at street intersection, where defendant offered no evidence bearing upon merits of case, and court at request of defendant gave instruction that "plaintiff is required by law to prove his case by a preponderance of the evidence before he can recover," held that there was no occasion to instruct regarding preponderance of evidence, that it could only serve to confuse jury, and that it was reversible error.
See Callaghan's Illinois Digest, same topic and section number.
Appeal fom the Circuit Court of Cook county; the Hon. BURTON A. ROETH, Judge, presiding.
Judgment reversed and cause remanded for a new trial. Heard in the second division, first district, this court at the April term, 1947.
Francis T. Delaney, for appellant;
Clausen, Hirsh Miller, for appellee.
Not to be published in full. Opinion filed December 30, 1947; rehearing denied January 21, 1948; released for publication January 28, 1948.